May 1, 2002 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

May 1, 2002

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

Ms. Paula J. Dardin, First Vice-Chairman.

Mr. Preciliano J. Martín, Co-Second Vice-Chairman.

Mr. Jack M. Glahn, Co-Second Vice-Chairman.

Mr. Robert J. Jaramillo, Ex-Officio Member.

MEMBERS ABSENT:

None.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Mr. Klad Zimmerle, RLS, agent:; Mr. Willard L. Avery; Mr. and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled May 1, 2002, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of four (4) items were to be considered, all under Public Hearing. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests. The City Commission will consider these requests at its meeting of May 28, 2002, to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Dardin made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0.

3. MINUTES OF APRIL 3RD REGULAR MEETING, AND APRIL 26TH INSPECTION TOUR, 2002. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN AND THE INSPECTION TOUR". Seconded by Commissioner Martin. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: Z-02-0611(A). PETITIONER: Constance H. Hendricks, owner. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "C" (Multi Family Dwelling); which, if approved, would allow the property to be used/developed for multi-family uses, which would allow apartments or non-profit organizations. TOTAL AREA: ± 0.814 acre. LOCATION: 1823 N. Florida Avenue. CURRENT LEGAL: The South 105 feet of the East one-half of Lot 3, Block 208, Alamo Blocks. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Constance H. Hendricks own the South 105 feet of the East one-half of Lot 3, Block 208, Alamo Blocks. The proposed rezoning will allow the property to be used/developed for multi-family uses, which would allow apartments or non-profit organizations. The property, 1823 N. Florida Avenue, is zoned "A" (Single Family Dwelling) District. Rezoning the property as requested to District "C" will continue multi-family zoning from the adjacent property on the south. The 1971 Master Plan designates this property to be developed as low density residential. The proposed rezoning will not conform to the Master Plan but will not create a spot (island) of multi-family zoning. The Master Plan shows high density residential use abutting subject property. The City Attorney noted that New Mexico appellate courts, while not deciding whether spot zoning is always illegal, have enumerated two factors to weigh in deciding if illegal spot zoning has occurred. Those factors include: a) if the use fails to comply with the comprehensive plan, and b) if the use is inconsistent with the surrounding area, grants a discriminatory benefit to the land owner, and/or harms neighboring properties or the community welfare. In this instance, the proposed use does not comply with the comprehensive plan; the Commission must determine whether the second set of factors is present. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on April 14, 2002, in the Alamogordo Daily News, and thirty-nine (39) notices were mailed to property owners within the 200 foot legal protest area on April 12, 2002. Two (2) protests to the requested rezoning from the owners of one (1) property within the 200-foot legal protest area were received. The protest represented 7.48 percent of the legal protest area. Staff recommends approval of the rezoning to District "C" (Multi-family Dwelling), as it will continue like zoning from the south.

Mr. Klad Zimmerle, RLS, Agent was available to speak in behalf of the Hendricks. Mr. Zimmerle stated that the Hendricks are in negotiations with Full House. Full House would like to expand their facility and they’re negotiating a purchase price for it. This would provide them with additional building space and additional parking for the existing unit.

Commissioner Martin asked if the division between the low density and high density runs right through the property and on which side. Mr. Few answered that the line runs right through the middle, however more to the South of the property as noted on the property map provided. Commissioner Martin also wanted to clarify that in essence, the request is to move the line from one side of the property to the other. Mr. Zimmerle stated that was correct. Commissioner Martin stated wanted to clarify that there were two possibilities available; one was to make it into a parking lot for use by Full House as well as potential building and the zoning request was to go from a Single Family dwelling to a Multi-Family dwelling. Mr. Few answered yes, because Multi-Family is the least restrictive classification that will allow the non-profit use.

Commissioner Martin asked what Full House is. Mr. Zimmerle answered that Full House is a non-profit organization for day-care center, teaching center, and under the umbrella of CHINS (children in need of services) and funded by State grants. Mr. Zimmerle also stated that the organization is part of the social services for counseling.

Chairman Sanders asked how long Full House has been there. Mr. Zimmerle answered that approximately four to five years, and before that, it was an assisted living home operated by the Senior Center. Ms. Few stated that it has been in a non-profit type situation for a good while. In fact, that was the reason for the rezoning for that property and it was a continuation of existing "C" zoning when the AR-C Zoning went in.

Commissioner Martin asked who owns the property behind Full House. Mr. Zimmerle stated that there is a street behind Full House to the West called Montlake Terrace. There are also some duplexes to the South, which belong to the Cooksons. Commissioner clarified that his previous question was in regard to the property to the West, immediately behind Full House. Mr. Zimmerle stated that the house there is on the street, Montlake Terrace, which butts-up to that subdivision. Ms. Few stated that there was one property. Mr. Zimmerle approached the Commission to clarify on the site map where exactly the property is located. Chairman Sanders stated that it’s possible that there is a vacant lot behind the property belonging to Full House.

Ms. Few stated that in the protests, page two of three of the yellow addendum given to the Commission for this protest area was not included in the copies because of an error in copying. It shows the property listings on Montlake Terrace that were notified. Chairman Sanders stated that according to the information given, the page would be irrelevant because nobody protested from Montlake Terrace. Ms. Few agreed that nobody protested from Montlake Terrace, however, both 1B and 2B of Alamo Blocks, Replat B protested. No other questions were necessary from the Commission.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE Z-02-0611(A) TO THE REZONING TO DISTRICT "C". Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: Z-02-0612(A). PETITIONER: Barclay Henderson, Jr., owner. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D" (Business), or a more restrictive classification; which, if approved, would allow the property to be unified under one zoning classification and used/developed for retail business purposes. TOTAL AREA: ± 0.941 acre. LOCATION: 811 E. First Street. CURRENT LEGAL: Lot 2A, Block 115, Kempner Addition, Replat A. CURRENT ZONE: District "A" (Single Family Dwelling), District "D-2" (Neighborhood Business), and District "D" (Business).

Ms. Few reported that Barclay Henderson, Jr., owns Lot 2A, Block 115, Kempner Addition, Replat A. The proposed rezoning would allow the property to be unified under one zoning classification and used/developed for retail business purposes. The property, 811 E. First Street, is zoned Districts "A" (Single Family Dwelling), "D-2" (Neighborhood Business), and "D" (Business). Rezoning the property, as requested, to "D" will not create "spot" zoning, as the same zoning exists to both the west and the south. The rezoning will unify the property under one zoning district classification. The 1971 Master Plan designates this property to be developed as commercial. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on April 14, 2002, in the Alamogordo Daily News, and thirty-one (31) notices were mailed to property owners within the 200 foot legal protest area on April 12, 2002. No protests to the requested rezoning were received. Ms Few also stated that the plans as they stand will allow the existing show-room to ultimately be demolished. A residential unit was demolished and a new show-room will be built on the Northeast corner of the property. The square footage will remain basically the same, and therefore off-street parking availability will not change. Actually, the parking flow will be much enhanced. Staff recommends approval of the rezoning to District "D" (Business) since it will unify the zoning on subject property.

Mr. Klad Zimmerle was available to speak for this request to represent the Hendersons. Mr. Zimmerle stated that this is just an expansion and an improvement on this corner. Again, they are going to be consolidating this property into one zoning and as it was developed through time, we had a "hodge-podge of different zonings. The Commission had no questions on the request.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL, BASED ON STAFF FINDINGS FOR CASE 02-0612(A)." Seconded by Commissioner Glahn and Commissioner Dardin. All voted "AYE," passing the motion by vote of 4-0-0.

C. CASE: V-02-0455(A). PETITIONER: Marco A. Monteagudo and Marlene M. Monteagudo, owners. REQUEST: Approval of a variance of ten feet (10') from Section 29-03-040, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear yard setbacks; which, if approved, would allow the construction of a ten foot by twelve foot (10' x 12') bathroom addition eight feet (8') from the back (south) property line, rather than the eighteen foot (18') rear yard required by Code. TOTAL AREA: ±6,750 square feet. LOCATION: 804 Larkspur Avenue. CURRENT LEGAL: Lot 3, Block 3, Stinnett Subdivision. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Marco A. Monteagudo and Marlene M. Monteagudo own Lot 3, Block 3, Stinnett Subdivision. They plan to construction of a ten foot by twelve foot (10' x 12') handicapped accessible bathroom eight feet (8') from the back (south) property line. The property, 804 Larkspur Avenue, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as residential and trailer. A rear yard of thirty feet (30') or twenty percent (20%) of the lot depth is required. The new addition is to be constructed with a rear yard setback of eight feet (8'), rather than the eighteen feet (18') required for the depth of this lot. Therefore a variance of ten feet (10') has been requested. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. The proposed addition is for a handicapped accessible bathroom for the use of the owners' daughter who has recently been confined to a wheel chair. The bathroom is being located adjacent to her bedroom. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised April 14, 2002, in the Alamogordo Daily News, and twenty-five (25) notices were mailed to property owners within the 200 foot legal protest area on May 12, 2002. No protests to the requested variance were received. As the request is to allow construction on an accessible bathroom, staff recommends approval of the ten-foot (10') rear yard variance.

Ms. Marlene Monteagudo was available to speak for the petition. Ms. Monteagudo stated that the variance is badly needed because their daughter was in a car accident recently and is confined to a wheelchair now. Their other bathrooms are just not accessible to her and they have a hard time giving baths and such. The addition for the bathroom will be attached right on to her daughter’s bedroom. No questions were necessary from the Commission.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE V-02-0455(A)." Seconded by Commissioner Glahn. All voted "AYE," passing the motion by a vote of 4-0-0.

D. CASE: V-02-0456(A). PETITIONER: Willard L. Avery and Margaret L. Avery, owners. REQUEST: Approval of the following: (1) A variance of nine feet (9') from Section 29-03-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front yard setbacks; which, if approved, would allow the construction of an attached garage sixteen feet (16') from the front property line, rather than the twenty-five foot (25') front yard required by Code; and (2) A variance of two feet six inches (2' 6") from Section 29-03-030, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yard setbacks; which, if approved, would allow the construction of a new two story addition five feet (5') from the west side line, rather than the seven foot six inch (7' 6") side yard required by Code. TOTAL AREA: ±6,000 square feet. LOCATION: 811 Miami Street. CURRENT LEGAL: Lot 6, Block 115B, Florida Street Subdivision. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Willard L. Avery and Margaret L. Avery own Lot 6, Block 115B, Florida Street Subdivision. They plan to remodel their home and add square footage. The property, 811 Miami Street, is zoned "A" (Single Family Dwelling) district. The 1971 Master Plan designates this property to be developed as low density residential. A front yard of not less than twenty-five feet (25') is required. The carport is to be replaced with a garage which will have a front yard setback of sixteen feet (16'). Therefore a variance of nine feet (9’) has been requested. Sixteen feet (16) between the front of the garage and the sidewalk creates a situation which encourages conflict between pedestrians and vehicles (parked or backing). Most drivers park several feet away from a garage door. It appears that the requested variance will encourage vehicles parked in the driveway to encroach on the sidewalk. For this reason, the variance as requested is not supported by staff. A side yard on each side of the two-story portions of buildings having a width of not less than seven feet six inches (7'6") is required. The addition is to be constructed with a second story and a side yard setback of five feet (5'). Therefore a variance of two feet six inches (2' 6") has been requested. As the addition will be at least ten feet (10') from any other structure, approval of the side yard variance is supported. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised April 14, 2002, in the Alamogordo Daily News, and thirty-four (34) notices were mailed to property owners within the 200 foot legal protest area on April 12, 2002. No protests to the requested variance were received. Staff recommends Denial of the front yard variance and approval of the side yard variance.

Mr. Willard Avery was available to speak for his petition. Mr. Avery started off by stating that he was appreciative of all the help he has been given on this project. However, he was surprised to see that staff was denying the front yard variance. Mr. Avery stated that the reason for the front yard variance is for the addition of the garage instead of the carport that is seen on the other homes in the area. He also stated that his wife grew up next door and all their children have grown-up in this neighborhood. They purchased the home in 1986 and even though it was small, it was home and they had the intent of remodeling it from the very beginning.

Mr. Avery stated that his wife was in an accident and has a very hard time walking. The garage was designed with security reasons in mind and also in the event of inclement weather. With a carport, he stated, there is really no protection because she would still be in the open. In the construction of the home, the contractor made an error and took two feet off the garage/carport area, which threw everything out of proportion.

Mr. Avery stated that in reference to the parking area in front of the garage, he could park his vehicle there without obstructing the sidewalk and he has pictures of his vehicle parked there. Mr. Avery stated that if anybody else parks there, and the vehicle does not fit, then citations should be issued for that because it is a violation. However, he stated that he should not be held responsible or not be granted the front yard variance because of what someone might do in the future. Mr. Avery also stated that the garage is built to accommodate his wife’s car and that would be the only car parked in the garage. If he were to build the garage differently, he would need to go out and purchase new vehicles, which would be too expensive and unreasonable. He also stated that he and his immediate neighbors are trying to make the neighborhood look better and upgrade the conditions. He felt that if he were allowed to go ahead with the construction as intended, it would be an incentive to the other neighbors to help upgrade the neighborhood as well.

Mr. Avery stated that the next vehicle they purchase for her will be smaller than her present Lincoln Town Car, and his vehicle is a Jeep Grand Cherokee. There is approximately thirteen inches (13") from the sidewalk to the bumper of the Jeep. This is why, Mr. Avery explained, that he feels that it should be his responsibility to keep other people from parking on the sidewalk, and not be denied the variance to avoid others from breaking the law.

Commissioner Glahn asked if the distance shown of twenty-six feet (26’) on the map is to the porch or to the house. Mr. Avery answered that it is to the porch. Also Mr. Avery approached the Commission with pictures of the area in which the Jeep would be parked in relation to the sidewalk and the proposed garage.

Chairman Sanders commented that she passed by the area, and found that Miami is a one-block street, between Florida Avenue and Alaska Avenue--which means that not too many people use this particular sidewalk. Mr. Avery stated that there are people in the neighborhoods that do walk through there a lot, and nobody has had any problems with this—including a neighbor who wanted to come and speak in behalf of the petition, however she was not able to.

Ex-Officio Jaramillo stated that the plans show twelve feet (12’) by twenty-two feet (22’), and if the Towncar is approximately sixteen feet (16’) long, it would not fit in the driveway. Mr. Avery stated that he knows that the Towncar will not fit in the driveway, however, the garage is made especially for this vehicle and it would not be parked there.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF CASE V-02-0456(A), INCLUDING THE APPROVAL OF THE FRONT YARD SETBACK AS REQUESTED." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

E. Close Public Hearing.

5. REPORTS.

A. City Planner.

(1) June Agenda. Ms Few stated that deadline for the June agenda is Monday, May 6th, and currently there are three items on the agenda.

(2) Otero County Ordinance 91-03. Ms. Few stated that there is a copy of the County’s ordinance on junk vehicles in reference to the Commissioners recent discussion about visual blight with the approaches into the City of Alamogordo.

Commissioner Martin asked what the purpose of having this ordinance is because the County’s excuse for not enforcing that ordinance is exactly the same as the City’s excuse for not enforcing it within the City.

Ms. Few reported that according to the County Attorney stated during a recent County Commission meeting that they have enforced it every time they have received a complaint. Ms. Few stated that this information is just for the Commission’s information on discussing the matter amongst them.

Commissioner Martin stated that this borders on neglect by the authorities in not enforcing those blight conditions within and without the City of Alamogordo and County areas.

(3) Other.

B. Chairman. —None

C. Commissioners.

(1) Representative from HAFB.—Mr. Robert Jaramillo, Ex-Officio, stated that for the record, this would be his last meeting as he is retiring on June 3rd, 2002. He commented that he may come back and serve as a member on the Planning and Zoning Commission—after a vacation.

(2) Representative to County Planning Commission.—none

(3) General.—none

6. PERSONS TO BE HEARD - None.

7. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Dardin made a motion "TO ADJOURN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:10 p.m.

Approved: June 5, 2002

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Fern Eckenberg, Recording Secretary